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Federal Consistency Program

The Federal Consistency Unit of the California Coastal Commission implements the federal Coastal Zone Management Act (CZMA) of 1972 as it applies to federal activities, development projects, permits and licenses, and support to state and local governments. In the CZMA,

Congress created a federal and state partnership for management of coastal resources. The CZMA encourages states to develop coastal management programs, through, among other means, the federal consistency procedures of the CZMA. Upon certification of a state’s coastal management program, a federal agency must conduct its activities (including federal development projects, permits and licenses, and assistance to state and local governments) in a manner consistent with the state’s certified program. The processes established to implement this requirement is called a consistency determination for federal activities and development projects and a consistency certification for federal permits and licenses and federal support to state and local agencies.

The federal government certified the California Coastal Management Program (CCMP) in 1977. The enforceable policies of that document are Chapter 3 of the California Coastal Act of 1976. All consistency documents are reviewed for consistency with these policies. The Commission’s goal is to use the federal consistency process to provide open communication and coordination with federal agencies and applicants and provide the public with an opportunity to participate in the process. The Commission believes that this process allows it to authorize federal activities in manner that minimizes impacts to coastal resources and is consistent with the CCMP.

Legal/Regulatory Underpinnings

Federal Consistency Documents

Sample Consistency Determinations

Sample Consistency Certifications

These consistency certifications were submitted as a consistency determination by a federal agency and the Commission staff has modified them to reflect the requirements of a consistency certification submitted by an applicant for a federal permit. (Updated January 2009)

  • Detailed [in PDF]
  • Moderate [in PDF]
  • Simple [in PDF]

Please note that, as of April 25, 2008, the CCMP has been amended to require filing fees for consistency certifications.  The fees for consistency certifications are the same as the fees for coastal development permits (CDPs).  Here are the approved regulations regarding the new filing fees.

Secretarial Decisions On Appeals - California

Under the Coastal Zone Management Act, state objections to consistency certifications are appealable (by applicants) to the Secretary of Commerce. In the nine decisions by the Secretary of Commerce on appeals of California Coastal Commission (CCC) objections to consistency certifications, the Commission’s objection was sustained by the Secretary of Commerce in three cases, overridden in five cases, and a final decision deferred in one case.

Note: All Secretary of Commerce decisions nationwide can be found at the following Office of Ocean and Coastal Resource Management, Coastal Zone Management Act (CZMA) Consistency Appeals Website

 

 

Office of Coastal Resource Management (Federal)

Frequently Asked Questions About the Federal Consistency Program

 

DEADLINES FOR CONSISTENCY DETERMINATIONS

 

HEARING DATE SUBMITTAL DEADLINE
October 2009 August 13, 2009
November 2009 September 17, 2009
December 2009 October 16, 2009
January 2010 November 20, 2009
February 2010 December 18, 2009
March 2010 January 22, 2010
April 2010 February 19, 2010
May 2010 March 19, 2010
June 2010 April 16, 2010
July 2010 May 14, 2010
August 2010 June 18, 2010
September 2010 July 23, 2010
October 2010 August 20, 2010
November 2010 September 24, 2010
December 2010 October 22, 2010

See the meeting agenda for specifics as well as our meeting dates/locations page.

 

 

Contact the Federal Consistency Coordinator